Mediation

Hayes + Storr Mediation Services

Hayes + Storr provide fully accredited mediation services for individuals and businesses of all sizes. Mediation is the most commonly used form of Alternative Dispute Resolution (ADR) which is actively encouraged by the courts in resolving conflicts. It costs a lot less than going to court and takes less time.

Often disputes can be resolved on the day of the mediation. In contrast, court proceedings can take months or even years to reach a settlement. Mediation can usually be arranged within a few weeks and is a confidential process unlike a trial.

We provide ADR Group accredited civil and commercial mediation, recognised by the Civil Mediation Council. Our mediation is always provided by a highly qualified Solicitor with specialist experience of civil and commercial litigation.

We understand the negative impact conflicts can have on your business and personal life, which is why we are committed to providing a dedicated, impartial mediation service for a whole range of areas, including:

Disputes can arise for a variety of reasons both with individuals and businesses alike. Mediation is a flexible, voluntary and confidential form of alternative dispute resolution in which a neutral third party (the mediator) assists parties to work towards a negotiated settlement of their dispute, with the parties retaining control of the decision on whether or not to settle and on what terms.

Mediation provides a private forum in which the parties can gain a better understanding of each other’s positions and work together to explore options for resolution. Most commonly, mediation is used to narrow issues in dispute, to prevent conflict from spreading, and to resolve disputes. The mediation process allows more creativity and flexibility over settlement options than the court or arbitration process.

Timing

Mediation can be attempted at any time whether you are in the initial stages of a dispute or where Court proceedings have already been issued. By engaging in mediation you are giving yourself the opportunity to try to resolve the issues without having to incur the potentially unnecessary costs of Court or Tribunal proceedings.

Courts and Tribunals actively encourage parties in dispute to attempt to reach a settlement through mediation before proceeding to Court. In fact, Courts and Tribunals look unfavourably on parties that refuse to attempt mediation to resolve their dispute.

The mediator’s role in resolving a dispute

A single mediator is appointed and agreed upon by both lawyers acting for each party. The mediator will not act in an advisory role for either side. The mediator is as a neutral third party assisting both parties to work towards a negotiated settlement of the dispute and will not decide either party’s case on its merits but will work with both sides to facilitate an agreement. Although the parties will be responsible for decision-making during the mediation, and will control the outcome, the mediator controls the procedure to ensure that it is structured in a way that is fair to all parties.

What happens at a typical mediation?

The process is entirely flexible. The parties have active participation throughout the day and will control the outcome. It is a voluntary process and the parties are free to withdraw from the mediation at any time.

The mediator usually has initial discussions with the parties and their lawyers in advance of the mediation to ensure that all formalities have been complied with, and to identify the key issues.

On the day of mediation, upon arrival the mediator will greet the parties and show each party to their own private room. The mediation can begin either with a joint meeting at which all parties attend or by individual private sessions. These initial meetings allow all parties to understand the process, their role and the procedure. Each party then has an opportunity to privately meet with the mediator to discuss the problem confidentially. This allows each party to be open and honest and have a realistic look at their position in private, without fear that any weaknesses discussed will be communicated to other parties. Thereafter the mediator will go between the rooms, further considering each party’s position with them to try and facilitate a settlement.

When a settlement has been reached it will be recorded in a written agreement which is signed by all parties to confirm the outcome. The signed agreement will be copied and each party retains a copy for their records.

As all discussions which take place are confidential and entirely without prejudice, if matters cannot be settled on the day of mediation, nothing which has been discussed can be used by either party against the other in future discussions. What is discussed in mediation stays in mediation.

Which disputes are suitable for mediation?

Almost any dispute is suitable for mediation as long as both parties are willing to engage in the process. Mediation is becoming the preferred and most common route in resolving many different kinds of conflict.

Mediation Team

Abigail joined Hayes + Storr in 2018 following a move to the local area and is based in the litigation department. She previously worked at a Top 200 UK Law Firm in Peterborough for nearly 7 years. During her time in Peterborough, Abigail qualified as a graduate member of the Chartered Institute of Legal Executives, achieving a ‘distinction’ grade in Family Law, Tort Law and the practice of Civil Litigation. Abigail is due to be admitted as a Fellow of CILEx this year and specialises in contract disputes, neighbour disputes and debt recovery.

Outside of work, Abigail enjoys reading, attending football matches at Norwich City Football Club and walking her Labrador with her fiancé and step-daughter.

Amanda joined Hayes + Storr in August 2005 and is a Solicitor in the Litigation Department.

Amanda deals with a wide variety of litigation issues on behalf of both individuals and businesses and works with all types of contractual disputes, debt recovery and insolvency issues. She has a particular specialism in contentious property matters including boundary disputes and landlord and tenant matters.

Amanda gained a Law Degree whilst working as a paralegal at Hayes + Storr and has extensive knowledge and experience of all aspects of litigation. She qualified as a Solicitor in 2015 and is also an ADR Group accredited civil and commercial mediator. Outside Hayes + Storr Amanda enjoys reading, the theatre and walking/hiking and is a trustee of a local charity.

Anissa joined Hayes + Storr in 2011, having worked in the Norfolk area for 7 years, as a Solicitor and Director and is Head of the Litigation Dispute Resolution Department and the Employment Department. Anissa deals with all types of dispute resolution matters and acts for both Employers and Employees in all aspects of Employment Law.

Anissa has successfully represented a number of individuals and companies in court disputes and successfully negotiated very good settlements on their behalf. Anissa has also won a number of Employment Tribunal Hearings where she completes the representation of clients herself in the Employment Tribunal and Anissa completes her own advocacy in both the Employment Tribunal and the county court.

She has won a number of high profile claims for a number of Clients in the court and Employment Tribunal, including most recently a claim against a Local Council for disability discrimination. Anissa has acted for a number of employers and successfully defended a number of Employment tribunal claims against them.

Anissa has been the Training Officer for the local Law Society for the last 5 years and also completes a large amount of work with local charities and pro bono legal advice for charities.

On a personal level, Anissa is married and enjoys walking and cycling. She is a member of a number of local groups and enjoys entertaining and reading.

Gerald has practiced in the field of civil litigation and employment law for over 40 years, qualifying as a Fellow of the Institute of Chartered Legal Executives in 1996. He has been involved in a number of high profile cases and has conducted most types of civil litigation, particularly in cases relating to commercial disputes, property litigation, estates and construction disputes.

His personal interests involve golf, walking and the occasional pint of real ale!

Born and raised in rural Norfolk, Susanna studied Law at the University of East Anglia and was awarded an upper second class honours degree in 2010.

Susanna then moved to London to begin her Legal Practice Course with the College of Law on a part time basis. Whilst studying, Susanna was also a self employed solicitor’s clerk primarily attending family matters in the Principal Registry of the Family Division in Central London.

Having experienced ‘the big smoke’, Susanna found that she missed Norfolk and returned in early 2011 when she joined Hayes + Storr Solicitor as a receptionist/typist/paralegal in the King’s Lynn office. Susanna became a full time paralegal in September 2011 and after completing her Training Contract, qualified as a Solicitor in 2015 and is a member of our busy Litigation team.

In her spare time, Susanna enjoys trips to theatre whenever possible and spending time with her family.